SC Grants Bail to Manish Sisodia

Supreme Court Grants Bail to Manish Sisodia After 17-Month Incarceration

In a significant legal development, the Supreme Court of India granted bail to former Delhi Deputy Chief Minister Manish Sisodia on Friday, ending his 17-month incarceration in connection with the alleged excise policy scam. The decision has garnered widespread attention, particularly due to the court’s emphasis on the fundamental right to a speedy trial.

Justice Gavai Highlights Prolonged Incarceration

The bail was granted by a bench comprising Justices BR Gavai and KV Viswanathan, who underscored the excessive duration of Sisodia’s incarceration without the trial even beginning. Justice Gavai pointed out that the prolonged detention amounted to a deprivation of Sisodia’s right to a speedy trial, a cornerstone of judicial fairness. The court’s ruling reflects the judiciary’s growing concern about the potential misuse of pre-trial detention as a punitive measure.

Justice Gavai, during the proceedings, remarked that keeping Sisodia in jail for an indefinite period without a trial would be a “travesty of justice.” The court highlighted that the ongoing detention infringed upon Sisodia’s fundamental rights, making it untenable to return him to the trial court under such circumstances.

“Every Day Counts” in Matters of Liberty

The bench’s decision was also influenced by the principle that “in the matter of liberty, every day counts.” This sentiment was echoed throughout the hearing, where the court deliberated on the arguments presented by both sides. Additional Solicitor General (ASG) S.V. Raju represented the central agencies, while senior advocate Abhishek Manu Singhvi appeared on behalf of Sisodia.

The central agencies, including the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), had accused Sisodia of being involved in a major bribery scheme related to the Aam Aadmi Party’s (AAP) election campaign in Goa. ASG Raju claimed that a bribe of Rs 100 crore was demanded for the Goa elections, with Rs 45 crore allegedly traced during the investigation. The prosecution argued that Sisodia, who was in charge of the Delhi Excise Department, played a key role in orchestrating the scheme and manipulating evidence.

Defense Cites Delay in Trial

On the other hand, Singhvi argued that Sisodia had been in custody for 17 months, with no substantial progress in the trial. He contended that the prolonged delay justified granting bail, as the trial’s conclusion seemed distant. Singhvi also emphasized Sisodia’s personal circumstances, noting his wife’s severe health condition, which required his presence.

This is not the first time Sisodia sought relief from the courts. In October last year, the Supreme Court had denied his bail plea but allowed him to reapply if the trial proceeded slowly over the next three months. As the trial continued to be delayed, the latest appeal was brought before the apex court, leading to the current decision.

Lower Courts’ Stance on Bail

Sisodia’s earlier bail applications were rejected by both the Rouse Avenue Court and the Delhi High Court. Special Judge Kaveri Baweja of the Rouse Avenue Court denied bail in April, arguing that the delays in the case were primarily due to actions attributable to Sisodia himself. The court dismissed his claims of undue delay, maintaining that his continued detention was necessary given the gravity of the charges.

The Delhi High Court also refused bail, stating that Sisodia failed to meet the triple test for bail in a corruption case, as well as the twin conditions required under the Prevention of Money Laundering Act (PMLA), 2002. These stringent conditions further complicated his efforts to secure release.

Supreme Court’s Intervention

Challenging the lower courts’ decisions, Sisodia filed special leave petitions before the Supreme Court. The apex court’s ruling to grant bail is seen as a critical intervention, particularly as it addresses the broader issue of delays in the criminal justice system. The Supreme Court’s order comes after Solicitor General Tushar Mehta provided an assurance that the final charge sheet in the liquor policy case would be filed by July 3.

While the legal battle is far from over, with Sisodia still facing serious charges, the Supreme Court’s decision to grant bail marks a significant milestone in the case. The ruling not only provides temporary relief to Sisodia but also sets a precedent regarding the treatment of pre-trial detainees in the Indian judicial system.

As the case proceeds, all eyes will be on how the courts navigate the complex interplay between ensuring justice and safeguarding individual liberties.

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